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2022 Supreme(Megh) 244

W. DIENGDOH
Anita Sharma – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Mr. N. Syngkon, Advocate, for the Petitioner; Mr. N.D. Chullai, AAG. with Mr. S. Sengupta, Addl. Sr. GA, for the Respondent Nos. 1-3; None, for the Respondent No. 4

JUDGMENT

1. The petitioner has approached this Court with a petition under Section 482 Cr.P.C on an apparently technical issue, inasmuch as, it was contended that a charge sheet has been filed by the Investigating Officer (I/O) in connection with Madanrting P.S. Case No. 54 (05) of 2019 under Section 363/366(A)/370/370(A) IPC read with Section 5/5A/5B of the Immoral Traffic (Prevention) Act, 1956 and Section 17 of the POCSO Act for which cognizance has been taken by the Special POCSO Court, Shillong in Special POCSO Case No. 41 of 2021.

2. Mr. N. Syngkon, learned counsel for the petitioner has submitted that Section 17 of the POCSO Act can be resorted to only if there is a correspondent offence made out under any other sections under the POCSO Act as Section 17 is a provision for punishment for abetment of such an act and as such, abetment has to be with regard to any other offence or offences provided under the said POCSO Act. In this case, the charge sheet did not disclose any other Act, for which punishment for abetment of that offence can be meted out to the accused. In such a situation, it is submitted that the charge sheet filed has not fulfilled the provision of law and the sa

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